People v. Johnson CA1/2

Filed 11/17/22 P. v. Johnson CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A162177

v. JONATHAN JOHNSON, (Alameda County Super. Ct. No. 170674) Defendant and Appellant.

In 2014, defendant Jonathan Johnson entered a no contest plea to second degree murder and admitted an enhancement allegation of personal use of a firearm. In 2019, defendant petitioned for resentencing under former Penal Code section 1170.95 (now § 1172.6).1 After an evidentiary hearing, the trial court denied the petition, finding the prosecution proved beyond a reasonable doubt that defendant was not entitled to relief because he was the actual killer. Defendant appeals from the order denying his petition, raising claims of…